Title 11, Agriculture And Animals

[PART VIII.] AGRICULTURAL SAFETY AND SECURITY §147-111 Definitions. As used in this part, unless the context otherwise requires: "Department" means the department of agriculture and biosecurity. [L 2003, c 49, pt of §1; am L 2025, c 236, §17]

[§147-112] Cooperative agreements and contracts to provide auditing and certification services. The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agenc…

[§147-113] Audits and certification; requests necessary. The department may designate any employee or agent of the department to conduct the audits and certification authorized under this part at the request of persons having a financial interest in the business or product. These…

[§147-114] Fees and deposit of moneys. (a) The department shall fix, assess, and collect fees for the audit and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other …

[§147-115] Certificate as evidence. A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the sta…

§147-116 Hawaii good agricultural practices program. (a) There is established the Hawaii good agricultural practices program to be administered by the department of agriculture and biosecurity. The purpose of the program is to develop and support good agricultural practices for H…

[PART IX.] SEED CERTIFICATION [§147-121] Official certifying agency. The department is designated as the official certifying agency for certifying seed concerning genetic purity, identity, quality, and condition for the State. The department may appoint an appropriate agent to do…

§147-122 Definitions. As used in this part, unless the context otherwise requires: "Certifying agency" means: (1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approv…

[§147-123] Cooperative agreements and contracts to provide agricultural crop certification services. The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental …

[§147-124] Certification; requests necessary. The department may designate any employee or agent of the department to conduct the inspections and certification authorized under this part at the request of persons having a financial interest in the seed. These inspections and cert…

[§147-125] Rules. The department shall have the necessary powers to carry out and effectuate the purposes of this part, and, subject to chapter 91, may adopt rules with respect to: (1) Standards for grades, genetic purity, identity, quality, and condition of seed; (2) Procedures …

[§147-126] Fees and deposit of moneys. (a) The department shall fix, assess, and collect fees for the inspection and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or o…

[§147-127] Certificate as evidence. A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the gen…

§147-2 Duties of department; violations; proceedings; penalties. The department shall administer and enforce this part and rules adopted by the department pursuant thereto. The following penalties, remedies, procedures, and actions shall apply in instances of violations and compl…

PART II. EXPORTS: FRUITS, VEGETABLES, NUTS, COFFEE, AND HONEY §147-21 Definitions. For the purposes of this part, unless otherwise required by the context: "Agricultural commodity" means fruits, [vegetables], nuts, coffee, and raw unprocessed honey. "Commercial exporter" means an…

§147-22 Rules. The department shall have the necessary powers to carry out and effectuate the purposes of this part, including the following: To establish, prescribe, modify, or alter, by rules, such grades, standards, grade labels, and classifications as shall be the minimum req…

§147-23 Prohibited acts. (a) No commercial exporter shall ship any fresh or processed agricultural commodities to points outside the State unless such products meet the quality, condition, and labeling requirements of the rules adopted under this part. (b) No Hawaii-grown coffee …

§147-24 Inspection. The board of agriculture and biosecurity may designate any employee or agent of the department to inspect or classify fresh and processed agricultural commodities. [L 1955, c 258, §6; RL 1955, §22-24; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961,…

§147-25 Duties of department; violations; proceedings; penalties. (a) The department shall administer and enforce the provisions of this part and rules adopted thereunder. (b) In respect of violations or complaints of violation of this part or rules adopted by the department purs…

PART III. EXPORTS: FLOWERS AND FOLIAGE §147-31 Definitions. For the purposes of this part, unless otherwise required by the context: "Commercial exporter" means any person who exports or causes to be exported from the State of Hawaii: (1) any fresh or processed flowers or foliage…

§147-32 Rules and regulations. The department of agriculture and biosecurity shall have the necessary powers to carry out and effectuate the purposes of this part, including the following: To establish, prescribe, modify, or alter, by rules and regulations, which shall have the f…

§147-33 Prohibited acts. No commercial exporter shall ship any fresh or processed flowers or foliage to points outside the State unless such products meet the minimum export quality and condition requirements and are so packaged in containers with such packaging material and in s…

§147-34 Inspection; certification fees. The board of agriculture and biosecurity may designate any employee or agent of the department as an inspector to classify and inspect fresh and processed flowers and foliage for quality and condition and to determine if containers, packing…

§147-37 Duties of department; violations; proceedings; penalties. (a) It shall be the duty of the department to administer and enforce the provisions of this part and rules promulgated thereunder. (b) In respect of violations or complaints of violation of this part or rules adopt…

§147-4 Rules. The department may make rules, subject to chapter 91: (1) Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities; (2) Prohibiting the sale, offering for sale, or transpor…

§147-5 Prohibition of deceptive packing. No person shall sell, expose, or offer for sale, or transport for sale in open or closed packages agricultural commodities packed in such manner that the face or shown surface is so superior to the unexposed portion as to quality, size, co…

PART IV. PROCESSED FOOD §147-51 Definitions. For the purpose of this part, unless otherwise required by the context: "Department" means the department of agriculture and biosecurity. "Food product" or "product" means any and all fruits, vegetables, nuts, and coffee, or part or pa…

§147-52 Grades, standards and classifications; changes. The standards for grading and classifying food products that have been or may be hereafter adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress of the Unit…

§147-53 Department; grades, standards, and classifications; factors. In establishing any grades, standards, or classifications for any food product, the department of agriculture and biosecurity, in addition to such factors as may be specified in any other law, shall take into ac…

§147-54 Department, consideration of use. The factors required to be considered by the department of agriculture and biosecurity in establishing any grades, standards, or classifications for any food product shall be applied in accordance with the extent to which and manner in wh…

§147-55 Department, notice of hearing. In establishing and prescribing the standards, or any alterations or modifications to the standards, the department of agriculture and biosecurity shall call a public hearing and give notice thereof in conformity with chapter 91. [L 1947, c …

§147-56 Department, hearing, determination. After holding a public hearing upon the establishment, alteration, or modification of any grades, standards, or classifications, the department of agriculture and biosecurity shall consider the facts and arguments presented at the heari…

§147-57 Department, rules and regulations, contracts, cooperation, fees. The department of agriculture and biosecurity, in addition to powers granted by this part or any other law, shall have all powers necessary or convenient to carry out and effectuate this part, including the …

§147-58 Department; inspections, etc.; request necessary. The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to inspect or classify food products, in accordance with such regulations as the department may …

§147-59 Continuous factory inspection; request necessary; labels or marks. The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to perform continuous factory inspection or classification of food products, in…

§147-60 Certificate, appeal to department. Whenever any quantity of any food product has been inspected and certified hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or conditions of the product, any int…

§147-61 Certificate, prima facie evidence. A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality, or condition of any food product, issued under this part and all certificates issued under authority of the Congress…

§147-62 Misrepresentation as to grade, etc., penalties. (a) If any quantity of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition thereof, no person shall represent that the grade, classification, qualit…

§147-63 Remedies, extension of other powers. In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or…

§147-64 Deposit of moneys. Except for fees collected by the department pursuant to part VII, all fees, charges, expenses, civil penalties, and other moneys collected by the department under this part or any rules prescribed by the department pursuant to this part shall be deposit…

§147-7 Inspection and classification of agricultural commodities; fees. (a) The department may contract with the United States Department of Agriculture for obtaining the services of a supervising inspector employed by the federal department and the establishment of a cooperative…

PART V. CHICKEN EGGS §147-71 Words and phrases defined. Whenever used in this part, unless the context otherwise requires: "Addled" or "white rot" means an egg which is putrid or rotten. "Adherent yolk" means an egg in which the yolk has settled to one side and become fastened to…

§147-72 Sale of bad eggs. No person shall sell, or offer to sell, or expose for sale, any eggs unfit for human food unless they are broken in shell and then denatured so that they cannot be used for human food. For the purposes of this part an egg is deemed unfit for human food i…

§147-73 Enforcement. The department of agriculture and biosecurity is empowered through its authorized agents, deputies and inspectors to enforce this part and to have supervision and control of all enforcement officers of this part in the State. [L 1931, c 70, §3; RL 1935, §1075…

§147-74 Grading standards and regulations. Subject to chapter 91, the department of agriculture and biosecurity may make rules with respect to: (1) Sale and transportation for sale of eggs for human consumption; (2) Specific grades or standards of quality, condition, and size or …

§147-75 Notice of grade and size; designation of origin of imported eggs; violation. It shall be unlawful for any person to sell, or offer to sell, or expose for sale to a consumer, any eggs, other than those of the person's own production at the place of production, intended for…